Abstract: In contested divorce, custody or visitation disputes where there is evidence of spousal abuse or a protective order is in effect, this statute prohibits the court from requiring parties to participate in mediation. The statute also requires mediators...

Abstract: For parties claiming a medical tort has been committed or for health care providers against whom a claim has been made, this section allows their case to bypass the court-annexed arbitration program after it has gone through the medical claim concili...

State Legislature of Hawaii. January 1, 1989; partially amended June 19, 2000

Resource Type: Legislation

Abstract: This chapter establishes the Center for Alternative Dispute Resolution within the judiciary. The center is responsible for providing ADR services for cases referred from courts or other government agencies, promoting the use of ADR and providing curr...

State Legislature of Hawaii. Enacted January 1, 1986; amended June 19, 2000

Resource Type: Legislation

Abstract: For civil actions with a probable jury award value of $150,000 or less, this section of the code establishes a mandatory arbitration program. The section instructs the court to develop rules for the implementation and administration for the program, ...

Rules

Abstract: This order extends the 3rd Circuit Court's foreclosure mediation pilot project, which was begun in 2009. The order requires lenders to notify homeowners about the option to mediate and sets procedures for requesting mediation, exchanging financial do...

Abstract: These rules pertain to cases "seeking foreclosure of a mortgage on residential property which is the borrower's primary residence." The plaintiff will serve a Foreclosure Mediation Notice on the borrower, and a borrower may request mediation by submi...

U.S. District Court for the District of Hawaii. June 2, 2003; amended November 18, 2009

Resource Type: Rules - Court

Abstract: Under this rule, any pending civil action may be submitted to mediation by court order or by stipulation of the parties. The rule outlines procedures for the administration of the mediation program, including the appointment and duties of a mediation...

Abstract: This rule provides that the Bankruptcy Court is authorized to establish guidelines for court-sponsored Bankruptcy Alternative Dispute Resolution (BDR) procedures. The rule outlines procedures for the administration of the program and for the establis...

Abstract: The court is authorized to order parties to participate in alternative dispute resolution, either at its own volition or at the request of the parties. ADR processes may include mediation, summary jury trial, neutral evaluation, non-binding arbitrati...

Abstract: Under these rules, the probate court may refer probate, trust, and guardianship cases to mediation, at which point participation in mediation becomes mandatory. The mediator may be assigned by the court or by joint stipulation of the parties. The rul...

Abstract: These rules mandate mediation for all appellate cases eligible for the program. Mediators are volunteer, retired justices and judges and retired or semi-retired lawyers chosen from a rotating roster. These mediators are given absolute immunity. Under...

Abstract: This rule states that a lawyer, in representing a client, shall exercise independent professional judgment and render candid advice, which includes advising a client of alternative forms of dispute resolution which might reasonably be pursued to atte...

Abstract: Section (c) of this rule designates that any party may request a trial setting status conference to establish a trial date and discuss alternative dispute resolution options. In the First Circuit, the plaintiff is required to schedule such a conferen...

Reports

Barkai, John and Kent, Elizabeth. Ohio State Journal on Dispute Resolution,

Resource Type: Evaluation

Abstract: This article disputes the common claim that 95% of cases settle. It examines statistics and compares data from the Circuit Courts of Hawaii in 2007 and in 1996, analyzing 4000 docket sheets and surveying 500 lawyers. By comparing data the authors fou...

Abstract: This evaluation examines the effectiveness of Hawaii's Court-Annexed Arbitration Program (CAAP), which is a mandatory, non-binding procedure for tort cases valued at $150,000 or less. The major goals of the program are to reduce litigant costs, reduc...

Abstract: This article describes the Hawaii Mandatory Court-Annexed Arbitration Program, which is unique in that its jurisdictional limit ($150,000) is much higher than most states. The author believes that the results of this survey can guide other states in...

Abstract: This yearly report details the activities of the Hawai'i Center for Alternative Dispute Resolution. The report describes the programs initiated by the Center and illustrates the direct and indirect mediation services they provide. The report also pro...

Contacts

Abstract: The Hawaii Center for Alternative Dispute Resolution was founded in 1985, became a permanent office in 1989 and was "established to help mediate complex litigations, and administrative and judicial disputes that affect the public interest or that inv...